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Wednesday, December 23, 2015

Dewan Negara passes NSC Bill - without amendments



PARLIAMENT The National Security Council Bill 2015 (NSC Bill) was passed in Dewan Negara with a voice vote tonight, without any amendments.
This was despite numerous concerns raised by BN lawmakers that certain provisions may be unconstitutional, and after DAP senator Chandra Mohan filed a motion for a special committee to look at improving the bill.
The government however has promised it will improve the shortcomings in the controversial bill, if there is any.
"I wish to state the readiness of the government to consider and scrutinise in details all the proposals and if there are any shortcomings, we will improve the bill. The government will do its best for the betterment of the future," Minister in the Prime Minister Shahidan Kassim said in his winding-up speech, without elaborating on any specific provisions.
"The government is not cruel. Those who murder the innocent and kidnap for ransom are cruel.
"You (the senators) have to remember, the security issues are not far away, they are on your doorstep. So don't be cruel to the people by not passing the bill which will ensure their safety," he urged.
In rebutting the extensive power given to the operation director, the Umno minister guaranteed that the government will not appoint a sadist as an operation director, and that the officer will surely do the best.
"Logically, anyone appointed as operation director will do his or her best... It is impossible for us to appoint a sadist in the security area," Shahidan (photo) said when winding-up at the policy stage.
The power given to the operation director was necessary but not without limits, he said.
Shahidan was responding to the concerns voiced by lawmakers that such extensive power may be unconstitutional and contravene other laws, particularly when the officer is allowed to restrict any movement and acquire the asset for security purpose.
He also rejected the request for chief ministers of Sabah and Sarawak as well as multiracial leaders be included in the NSC.
This is because security issues fall exclusively under the jurisdiction of the federal government and should be dealt with those with expertise in security matters, Shahidan explained.
The smoothness of the council may be affected if there are too many people, he said, adding that confidentiality is also important.
These leaders and their representatives can be invited to offer their advice, Shahidan emphasised.
"There was a proposal for the NSC to refer to the Agong when a security area is declared. There is no such provision," he added.
However, the Arau MP said, the bill does not stop the NSC from keeping the Yang di-Pertuan Agong informed from time to time.
The prime minister seeks audience with the ruler every week, he added.
Bill will not clash with Article 150
Shahidan reiterated that the bill will not clash with Article 150 of the Federal Constitution which allows the ruler to declare an emergency state, but would instead complement the power of the ruler.
In addition, he said the bill will also complement the Prevention of Terrorism Act (Pota) and Security Offences (Special Measures) Act (Sosma) at the security area, and operate side by side.
When met outside the House, Shahidan did not elaborate on which part of the law that the government will improve.
"I have said, all the views will be considered for improvement, anything. We have to look into this as the senators have raised (the issues).
"I have answered all the questions. There is a misunderstanding on Article 150 (declaration of emergency) of the constitution and the Section 18 (declaration of security area). There is no problem (now), I have answered in details.
"I see many have misunderstood the issues. [...] Almost every part of the bill was well discussed and answered. The bill does not contravene the Federal Constitution," he said. -Mkini

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